PHC orders K-P to release detainees in seven days

Judgment declares Action in Aid of Civil Power Ordinance unconstitutional

PESHAWAR: The Peshawar High Court (PHC) on Monday issued a detailed 28-page verdict, declaring illegal the Khyber-Pakhtunkhwa Actions (in Aid of Civil Power) Ordinance, 2019.

According to the detailed judgement, the action in aid of civil power ordinance is in violation of the Constitution. The court has issued orders for the release of prisoners in detention centres within seven days.

The court has ordered the home secretary to declare all detention centres sub-jails within three days and present the under-trial prisoners before courts.

It is written in the verdict that the International Commission of Jurists (ICJ) has expressed reservations over implementation of the ordinance.

Pakistan has earned a bad reputation for implementing a law that goes against the Constitution, it stated.

The ICJ had told Pakistan to prohibit implementation of inhumane laws for the eradication of terrorism. It has been noted that under these laws, inhumane treatment was meted out to the tribal people.

The verdict stated that the prisoners, who had spent more than three months in detention centres with no cases against them, be set free and the ones with cases registered against them be sent to the relevant courts.

The verdict stated the ordinance issued by the K-P governor was in violation of the Constitution and declared it null and void, adding that the governor was not authorised to issue an ordinance and did so by exceeding his powers.

The verdict stated that the ordinance was against all basic human rights envisaged in the Constitution. It stated that the Supreme Court had decided in a case that the court could declare any law which is against the Constitution and basic human rights unconstitutional and the ordinance issued by the governor was against both.

The court declared unconstitutional the notification issued by the provincial government regarding the internment centres.

The court issued orders to the K-P inspector general of police to take control of the internment centres and obtain the record of the prisoners.

It is pertinent to mention that last week the PHC had declared the ordinance unlawful and unconstitutional and issued orders to the police to take control of all detention centres.